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PDtax
PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 4299
Experience:  35 years tax and professional advice in all matters money
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Can the state of attach my social security check owed on a

Customer Question

can the state of virginia attach my social security check for taxes owed on a failed business. i have no other income or do i own any property?
Submitted: 1 year ago.
Category: Social Security
Expert:  PDtax replied 1 year ago.

Hi from Just Answer. I'm PDtax, and can assist.

Social Security benefits are very limited as to attacks by creditors. IRS, for example, can only get 15% at the source. I'll confirm what I believe are the VA rights, and be right back.

Expert:  PDtax replied 1 year ago.

Virginia does not have rights to pursue your social security benefits at the source. They do, however, have the right to pursue balances in a checking account, leaving you to prove that the source of such funds is exempt from their collection.

Expert:  PDtax replied 1 year ago.

In situations like this, it is possible that the state might attack your in-state bank account, leaving you the effort and cost of proving that the funds are exempt and should be returned. Also, keep in mind that the tax agencies have your bank account number if you ever paid a tax bill by check or direct debit.

Even though you didn't ask, you might consider using an out of state bank to receive your social security direct deposit. Some states participate in allowing out of state tax levy pursuit, but the amount available and effort it might take likely outweighs the collection value.

I'm not an attorney, but I believe it isn't fraudulent or illegal to open a bank account in a new state.

Thanks for asking your question at Just Answer. Positive feedback is appreciated. I'm PDtax.